HomeMy WebLinkAboutR20-464295
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RESOLUTION R20-464
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF P.LAINVIEW
ACCEPTING. RIGHT OF WAY EASEMENT FROM R. JACK JAMES NO. 2
.LIMITED PARTNERSHIP LOCATED .AT 1711 STATE HIGHWAY 194
SOMETIMES REFERRED TO AS XENIA STREET.
'WHEREAS, the City of Plainview -as a home rule. municipality and political
subdivision of the State of Texas and in accordance with -the constitution of the state and
as authorized by Texas Local Government Code-§. 273..001, may -acquire real property as
a right-of-way for public street and utility purposes, including the right of ingress; egress,
and regress therein, and may establish easements to construct, maintain, public streets
and utilities; and
WHEREAS, R. Jack James No. 2 Limited Partnership- owns certain real :property
located within the municipal limits of the City of Plainview and desires to dedicate to the
benefit of the City of Plainview -a right-of-way easement/street dedication described as
"East of Canyon Street to James Brothers 14.939 Ac. North of Railroad .South of
Rogers and Williams" yin the survey dated September 17, 2019, prepared by Carl Joe
Williams RPLS #2120, of the South Part of the NW/4-of Survey 35;- Block JK-2, Plainview,
Hale County, Texas which is attached hereto as Exhibit "A" to be utilized by the City of
Plainview for public right-of-way purposes; and
WHEREAS, the City of Plainview, as a home. rule municipality and in accordance
with-§§51.0.76(a) and273.001 of the Texas Local Government Code may accept and hold
property that, it receives by gift for the benefit of the citizens of the City of Plainview for
public right-of-way purposes; and
WHEREAS, the City Council of the. City of Plainview believes it to be, in -the best
interest of the citizens of the City of Plainview to accept this easement;
NOW THEREFORE; BE IT RESOLVED by the. City Council :of the: City of
Plainview, Texas:
1.. THAT the findings recitals outlined above :are found to be true and correct
and' are hereby adopted and approved'.
2. - THAT the City accept from: R: Jack James No, 2 Limited Partnership the
right of way easement and the terms and- conditions outlined therein which is attached
hereto and incorporated herein as though set forth fully therein.
3.. THAT the Mayor is hereby authorized and directed:to enter into and execute
the attached right of way easement. and any such documents as necessary to acquire
and accept the easement as outlined in this resolution.
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Passed and approved this 28th day of January, 2020.
,,�,
Wendell Dunlap, Mayor
ATTEST:
Belinda Hinojosa, City Secr a
APPROVED AS TO ONTENT:
Jeff rey� e City Manager
APPROVED AS TO FORM:
Matibew L. Wade, City Attorney
Page Z of 2
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297
AFTER RECORDING RETURN TO:
Belinda, Hinojosa
City of Plainview
901 Broadway
Plainview, Texas 79072
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE. A NATURAL PERSON, YOU
MAY REMOVE OR, STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION:
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED. FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR :DRIVER'S LICENSE. NUMBER.
Effective Date:
RIGHT OF WAY EASEMENT
2020
Grantor: R. Jack.James No. 2- Limited Partnership
Grantor's. Mailing Address: 1711'State Highway 194
Plainview,. Hale County Texas 79072
Grantee: City of Plainview,. Texas
Grantee's Mailing. Address: 901 Broadway
.Plainview, Texas 7.9072
Consideration:
Ten and N011.00 Dollars::($10.00) and other valuable consideration. to the undersigned paid by the
Grantee, the receipt of. which is hereby .acknowledged.
Easement Property:
The street dedication described as "East of Canyon Street to .James Brothers
14.939 Ac. North of Railroad South of Rogers and Williams" in the survey dated
September 17, 2049, prepared by Carl Joe'Williams RPLS ##2120, of the South: Part
of the NW/4 of Survey 35, BlockJK-2, Plainview; Hale County, being. more further
described in Exhibit "A" which is attached hereto and incorporated herein as though
set forth fully herein.
Grant. of Easement and Purpose:
Grantor, for the Consideration -stated and. subject to the. Reservations and Exceptions hereinafter made
and with the restrictions and upon the covenants below stated, does grant, sell, and convey :unto the
Grantee,.its successors and assigns, a perpetual. easement over, on, .and across the Easement. Property,
with the right of ingress and egress for all pedestrian. and vehicular traffic, to construct;. inspect, repair
and maintain a road for such purposes (Easement). Grantor binds Grantor and Grantor's heirs,,
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successors, and assigns to warrant and forever defend the title to the Easement in Grantee and
Grantee's heirs, successors, and assigns against every person whomsoever lawfully claiming or to
claim the Easement or any part thereof, except as to the Reservations from and Exception to
Conveyance and Warranty.
Reservations from and Exceptions to Conveyance and Warranty: None
Terms and Conditions:
The. following terms and. conditions apply to the Easement granted by this agreement:
1. Character of Easement. The Easement is appurtenant to and runs with. Grantor's property
where the Easement Property is located, whether or not the Easement is referenced or described in any
conveyance of all or such portion of the Grantor's property. The Easement is nonexclusive and irrevocable.
Z. Duration of Easement. The duration of the Easement is perpetual..
3. Reservation of Rights. Grantor reserves for Grantor and Grantor's heirs, successors, and
assigns the right to continue to use and enjoy the surface of the Easement Property for all purposes that do
not interfere with or interrupt the use or enjoyment of the Easement by Grantee.
4. Improvement and Maintenance of Easement Property.. Improvement and maintenance of the
Easement Property will be at the sole expense of Grantee. Grantee has the right to eliminate any
encroachments onto .the Easement Property. Grantee must maintain the Easement Property in a neat and
clean condition. Grantee has the right to construct; install, maintain, replace, and remove a road with all
culverts, bridges, drainage ditches, .sewer facilities, and similar or related utilities and facilities under or across
any .portion of the Easement Property. (collectively, the "Road Improvements"). All matters concerning .the
configuration, construction, installation, maintenance, replacement, and removal of the Road Improvements
are at Grantee's sole discretion, subject to performance .of Grantee's obligations under this. agreement. On
written request by Grantee, the owners of the Easement Property will execute or join in the execution of
easements for sewer,drainage, or utility facilities under or across the Easement Property.
When the context requires, singular nouns and pronouns include the plural.
This instrument was prepared based on information furnished by the parties and no independent title
search.has been made.
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299'-,
WIMINT me",
R. Jack. James No. 2 Limited Partners - hip
L-2
STATE OF TEXAS
COUNTY OF HALE
Thi$:i ' hstrument was acknowledged before: rAd on the day of
2020, by -the. on behalf of R.
Jack James No. 2 Lirriited Partnership.
Notary Public, State of Texas.
ACCEPTED BY'QRANTEE0
CITY OF PLAINVIEW, TEXAS
By:
Wendell Dunlap, Mayor
STATE OF TEXAS
COUNTY OF PLAINVIEW
This instrUmeht:Was acknowledged b6fore me onthe: day of
'2020,:by Wendell Dunlap,.Mayor of the City of.Plainview, Texas on, behalf of the City of Plainview.
Notary Public,-Statb of Texas
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EXHIBIT "A"
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Y'
- '
. 1129 I Je Feu '
41j r
!4 g
OAS hJs i"'
Remaining
4e,
13.861 Acres out of
x «:
James Bro. Imp, Co
,..' �•
13.909 Ac. N. of Road
loybm,r=
\p- :: ~4.
of yA;�, P + c Nk
` i� e•--,r/ -" street M111auon 1030 Ac.
1V iul�el°.IM. vd.65kp.363 NW/4
' "y West 724' SW/4
'z 6 24 2.708 Ac. S. of Road' / J676.9
orrht, iyµ, 26 Out of SW/4 Sec, 35, JK-2 /
35, K 2 er R. Jack James Living Tru.t
V.843,p,559 /
East of Canyon Street to James Brothers 14.939 Ac. Double Taxed to
North of Railroad South of Rogers & Williams James Bro. lmpliment
Being a 0.946 acre Sfreet Dedication out of the South part of the Northwest Quarter of Section 35. Block JK-2.
.Hale County, Texas:
BEGINNING at the intersection of the North right of way line of FW&D Railroad and.the East right of way line of
Canyon Street (dedicated Volume 645, page 469. HCDR), said intersection being 2257.250' South and 1 129.130' East
of the NW comer of Section 35. Block JK-2, Hale County, Texas;
THENCE S.61°16'54"E 3.15'feet along said railroad right of way line to a point of curvature;
THENCE an arc length of 669.27 feet along said right of way line (concentric and 50 feet NEIy of the centerline of
said rai?road) around a curve to the right having a radius point bearing S.M43'06"W. 1914.79 feet and a chord bearing
S,54°4_'14'E. 667.8 feet to the most Westerly comer of the James Brothers 14.939 acre tract (Volume 656, p. 363,
HCDI2j at the intersection of the South1ine of said NW/4 of Section 35, JK-2 said intersection being 2644.624' South
and 1676.926' East of the NW comer of Section 35. Block JK-2, Hale County, Tcxas:
THENCE N.28°3343"B..84,98 feet along the West line of said 14.939 acre tract.to a point in the:Soulh line of the
south line of (he Dale Williams 5.035 acre tract (Volume 795, p. 421'. HCDR):
THENCE Northwesterly' ad arc length of 112-23 feet, around a curve to the.right having a radius point bearing
N.17°59' 11 "E: 300 feet, and a chord bearing N.61 'I 8'55"WI 111,58 feet to a: point of tangency:'
THENCE an arc length. of 554.8 feet around a curve to the left. (concentric and 60 feet NEIy of said railroad right
of way line), said curve having a radius of 2974.79 feet and a chord bearing N.55°5617"W, 554 feet to a point of
tangency;
THENCE N.61'16'54"W. 3.15 feet to the East right of way line of Canyon Street;
THENCE S.28°43'067W. 60 feet along said Canyon Street dedication to the POINT OF BEGINNING.
! The South Part of the NW/4 of
i Survey 35, Block. JIB-2
i Plainview, Hale County, Texas
i
N
1
0 100' 20'
Scale: I-= 2W
z 1 .40 Project 3238
y� Carl Joe Willt , Regmered Professional
Land Surveyor of Texas #2120
POINT OF
BEGINNING I I I W. 61p Street. Plainview TX79072
-2644.624 South P.O. Box'1418 Plainview TX 79073
2400.926 East (806) 296-5217 (FaxNoice)
,f the NW Comer cjwsurveyreyahoo.com
�,_ Sec35, JK-2 O September 17, 2019:
��.•OF..Tat
CARLJOF. WIL_LIAMS_
'MJ SUtt�•
1.030 Acres Across James Brothers
Being a 1.030 acre Street Dedication along the South line of the Northwest Quarter of Section 35.
Block JK-2- Hale County, Texas across James Bothers 14.939 acre tract (Volume 656, p..363,
HCDR):
BEGINNING at the intersection of the West right of way line of Interstate Highway No. 27 and
the South line of the Northwest Quanerof Section 35, Block JK-2, Hale County, Texas said
intersection being 2644.624' South and 2400.926' East'of the NW corner of Section 35, Block JK-2,
Hale County. Texas:
THENCE West 724.0 feet along the South line of said NW/4 to the intersection of the, North right.
of way line of the FW&D•railroad (50 feet NEIy of railroad centerlinej, said intersection being
2644.624' South and 1676.926' East'of:the NW corner of Section 35, Block JK-2, Hale.County,
Texas:
THENCE'N.L8°33'43"E. 84.98 feet to a poidtin the West line of said JamesBrothers 14.939 acre
tact;
THENCE Southeasterly around a curve to the left having a radius point bearing N.17°58'1'l"E.
300 feet. at 16:16 feet pass the $E:corner of the Dale Williams'5.035 acre tract (Volume 795, p: 421.
1tCDR). in all, an arc length of 94.09 feet and having a chord bearing S.81 °00'44"E. 93.7 feet to a
point of tangency;
THENCE Fast 654152 feet to the West right of way:line of Interstate Highway No. 27:
THENCE S.46°42'54`'W. 87.51 feet along said right of way line to the POINT OF BEGINNING..
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